Item P08
BOARD OF COUNIY COMl\flSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/21/07
Division: County Attorney
Bulk Item: Yes ~
No
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Ratification of agreement with Division of Administrative Hearings to
provide a hearing officer to serve as the Code Enforcement Special Magistrate.
ITEM BACKGROUND: At the direction of the Commission, the County Attorney's office
contracted with the Division of Administrative Hearings (DOAH) to provide a hearing officer to hear
code enforcement cases. Under the agreement, DOAH bills at $137.00 per hour through September 30,
2007. At that point the rate will be adjusted to comply with the new annual rate that goes into effect on
October 1, 2007. The agreement is for one year with automatic renewals. It may be terminated for
convenience with 30 days notice
PREVIOUS RELEVANT BOCC ACTION: 1/18/07, BOCC directed staff to contract with DOAH
ifprior hearing officer opted to stay with the State Attorney's office.
CONTRACT/AGREEMENT CHANGES: none.
STAFF RECOMMENDA nONS: Approval
TOTAL COST:
est. $20.000 per year
BUDGETED: Yes ~ No
COST TO COUNTY:
est. $20.000 per year
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
Noxx AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ o.MBlPurchasing _ Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
State of Florida
Division of Administrative Hearings
Jeb Bush
Governor
Harry L. Hooper
Deputy Chief
Administrative Law Judge
Robert S. Cohen
Director and Chief Judge
Ann Cole
Clerk of the Division
David W. Langham
Deputy Chief Judge
Judges of Compensation Claims
January 22, 2007
County of Monroe
Mr. Robert B. Shillinger
Chief Assistant County Attorney
Monroe County Attorney's Office
500 Whitehead St., 2nd Floor
Key West, Florida 33040
Dear Mr. Shillinger:
Enclosed is your executed copy of the Administrative
Law Judge Services Contract between the Division of
Administrative Hearings and the Monroe County Code
Enforcement.
If you need further assistance, you may contact
Lisa M. Mustain, Administrative Services Director, at
(850)488-9675.
Director
LMM/da
Enclosure
RECEIVED
IJAN 24 2007
MONROE COUNTY ATTORNEY
The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060
Administrative Law (850) 488-9675 . SUNCOM 278-9675 · Fax Filing (850) 921-6847
Fax SUNCOM 291-6847' Judges of Compensation Claims (850) 487-1911
ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
Contract No.
THIS AGREEMENT, is between MONROE COUNTY, FLORIDA,
acting by and through its County Commission, hereinafter
referred to as "COUNTY," and the state of Florida, Division
of Administrative Hearings, hereinafter referred to as
n DOAH. "
WHEREAS, Monroe County Code section 6.3-3 requires
that the County provide a hearing officer known as a
Special
Master
and/or
Special
Magistrate
to
hear
administrative code enforcement cases; and
WHEREAS, it has been determined by the COUNTY and DOAH
that a contractual arrangement for the purpose of providing
an Administrative Law Judge lS available for the above
stated provision under Section 120.65, Florida Statutes;
and
NOW, THEREFORE,
the parties hereto,
for valuable
consideration and the mutual promises between the parties
hereto, it is agreed as follows:
1. Scope of Services. DOAH agrees to make one
Administrative Law Judge available to COUNTY each month to
hear code enforcement violation cases. The Administrative
Law Judge to be provided will be a full-time judge employed
by the state of Florida, Division of Administrative
Hearings. The Administrative Law Judge to be provided is
an expert in the adjudication of administrative disputes.
2. Compensation. The fiscal year 2003-2004 General
Appropriations Act, Chapter 2003-397, Laws of Florida,
requires DOAH to renegotiate its contract for
Administrative Law Judge services annually so that the
hourly rate charged is based on a total-cost-recovery
methodology. The rate has been determined to be $137 per
hour beginning October 1, 2006. DOAH will notify the
COUNTY of the amended hourly rate on'or about the first day
of September of each year. That rate will become effective
on the first day of October that same year. The COUNTY
agrees to compensate DOAH at the hourly rate of $137 per
hour, for each hour actually worked, and subsequently, at
the hourly rate determined in accordance with the Florida
Legislature's directive. This rate will apply for
Administrative Law Judge services in preparing for
hearings, traveling to hearings, conducting hearings, and
preparing Orders.
3. Expenses. COUNTY agrees to pay the actual travel
expenses of the Administrative Law Judge in the amount
provided pursuant to Chapter 112, Florida Statutes. DOAH
agrees, whenever possible, to arrange the travel schedule
2
of such Administrative Law Judge so that the Administrative
Law Judge can accomplish other work during a tripl andl in
such instances 1 travel expenses and hourly compensation
will be prorated for services to COUNTY. DOAR will submit
invoices monthly and COUNTY agrees to remit payment monthly
in accordance with Chapter 2181 part VII, Florida Statutes.
DOAR agrees to provide COUNTY an itemized statement of the
charges and costs described therein with the invoice.
4. Video Teleconferencing. In the event a hearing is
being conducted by video teleconferencing 1 COUNTY will
reimburse DOAR at the current video teleconferencing rate
(Attachment A) for the time the equipment is used.
5. Contract Management. Deputy Chief Judge Harry L.
Hooper or in his absence Administrative Services Director
Lisa M. Mustain shall provide contract management services
under this Agreement for DOAR.
6. Term. This Agreement is for a term of one (1)
year and will begin on the date the last signature is
placed on this contract and will automatically renew for
succeeding yearly periods one year from the date last
signed. This Agreement may be amended from time to time by
mutual agreement of the partiesl and may be terminated by
either party for the convenience of that party upon thirty
(30) daysf written notice.
3
7. Scheduling of Hearings. DOAR and COUNTY will work
together to schedule between ten (10) and twelve (12)
hearings per year, inclusive at a date and time that is
acceptable to both. If necessary, additional hearings will
be scheduled accordingly.
8. Assignment of Hearing Officer. For purposes of
continuity, DOAR will endeavor to assign the same hearing
officer to handle cases under this contract. In the event
a conflict of interest or scheduling conflict arises, DOAR
will be permitted to provide another hearing officer.
MONROE COUNTY,
By:
Date:
If~?
STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
By:~Jp./\ L ~~'\ Date:
HARRY L. HOOPE~
Deputy Chief Judge
1-##
4
MONR
A~
,/j
/'
R BERT B. SHilLINGER, JR.
CHIEF ASPJf~NT COJ#'l2Y ATTORNEY
Date: =---..;:2 - '